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Recent content by Spikeh

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    Contract fine, but end-client has issued lots of additional documents

    Aye, of course, its all common sense if you're a professional. I act more professional than most contractors I've come across tbh, and certainly a lot more business-like, so I've nothing to /worry/ about, its just out of the ordinary to see this much additional documentation in my general line...
  2. S

    Contract fine, but end-client has issued lots of additional documents

    Yeah, I know this deep down, but my arse just cannot stop twitching :(
  3. S

    Weird contract situation

    Yep, seen this before a few times - not a problem generally, and tbh, it also demonstrates more risk. I'll take ANY length of contract (from 1hr+) that is interesting, pays right and ticks all the boxes in terms of contract wording and working practices. After all, you're a contractor /...
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    Contract fine, but end-client has issued lots of additional documents

    Starting a new project for a very high profile client - working through an agency, very IR35 friendly contract and (as far as the initial meeting went) very IR35 friendly working practices, too. Not worried about how its going to work in practice - a few weeks (at most) on site, then mostly...
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    CVs, PDFs and References

    I've seen names being left on CVs. I am British-born, but have a Hungarian surname, so maybe I've been a diversity hire in the past ;) Leaving names on a CV leaves savvy clients open to contacting contractors directly via LinkedIn / a Google search. I have never seen this, though - and tbh, I...
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    CVs, PDFs and References

    They remove contact details to reduce the risk of the client contacting you directly. It has little to no bearing on GDPR, as by virtue of applying for a job, we give consent for an agent / client to contact us about the job.
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    Substitution clause restricted when remaining opted-in

    I just realised I was quoting the AWR above, when in fact what I'm talking about is the "Conduct of Employment Agencies and Employment Business Regulations 2003", apologies! Not even sure if the AWR has an opt-out, and most certainly does not affect contractors (and our contract usually state...
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    Substitution clause restricted when remaining opted-in

    I used to opt-out all the time, as I thought it didn't matter and I didn't need the protection, being self-employed and willing to take on the risk. I have, however, been ripped off by agencies on two separate occasions due to being opted-out; both agencies failed to pay me "because the client...
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    Substitution clause restricted when remaining opted-in

    There seems to be a general assumption that all contractors opt-out of the regulations. This may very well be the case for most, but my research and professional advice shows that remaining opted-in is a better option for most contracts. I don't have to opt-in or opt-out when I agree a contract...
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    Substitution clause restricted when remaining opted-in

    I have not opted out, nor do I intend to. Absolute madness to opt-out if you ask me.
  11. S

    Substitution clause restricted when remaining opted-in

    Absolutely not, believe me - I am as professional / pro-contracting as they come, but they almost always try *something* - maybe I'm just hyper-sensitive to it. I'm pretty anal about scope and SDC / MOO terms, maybe more so than most. This time it has mostly been "it has to mirror the client...
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    Substitution clause restricted when remaining opted-in

    Never seen it before myself either - I feel like they might be doing it to encourage newbies to opt-out. Less admin for the agency, init. This is a perfect gig in terms of IR35 regardless of contract wording - some consultancy on site, moving to remote work after a few weeks, R&D work in a...
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    Substitution clause restricted when remaining opted-in

    Can't copy & paste from the PDF and didn't want to write them all out here, but yes, the sub-clauses are fine. The parent term doesn't apply with the current wording though, as I am opted-in (and intend to remain so), so whether the subs apply or not is irrelevant right now.
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    Substitution clause restricted when remaining opted-in

    Absolutely. I wrote exactly that in my first reply draft, but I've asked them to clarify - next step is to ask them to remove it. There are always a few things I get changed, been doing it long enough to know what to look out for - this was a new one to me, though.
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    Substitution clause restricted when remaining opted-in

    It just occurred to me that there is nothing EXPLICIT in the contract that states I cannot substitute if I remain opted-in, just the above term that implies that I cannot substitute. So... you could argue that if I opt-out I am restricted by the sub-clauses, and if I remain opted-in, I can...

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